New York Board of Fire Underwriters v. Trans Urban Construction Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

A contractor named with the State as parties insured “as their interests may appear” in builder’s all-risk insurance policies procured by the State, and who is obligated under its contract with the State to repair or replace any damage to the building without cost to the State, is an insured under such policies with respect to damage to the building by windstorm, a covered risk. That a contributing cause of the loss may have been negligence on the part of the contractor, a risk covered by the…